I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (fairenough.eu) via the www.fairenough.eu website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract under the terms and conditions stated in the item description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Shopifypay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the "buy" button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

(6) In the case of special offers, such as discount, voucher or sweepstake promotions, the limitation to one-time participation per customer and order always applies, unless otherwise agreed. This regulation applies irrespective of the technical possibilities which may allow multiple participation or ordering. This rule applies in particular to free products or product samples of any kind. In particular, this also includes non-physical products. In the case of free products or prizes from competitions with free participation, any claim for reimbursement or compensation shall also expire. Under no circumstances shall there be any right to a payment in money; nevertheless, this can be arranged by mutual agreement.


§ 3 Term of contract / Termination of subscription contracts

(1) The subscription contract concluded between you and us shall have the agreed term. If the contract is not terminated by one of the parties in text form (e.g. e-mail) 3 weeks before the end of the contract (insofar as no other period is stipulated in the respective offer), it shall be tacitly extended by the agreed basic term in each case. If the basic term is more than one year, however, the contract shall only be extended by one year at a time.

(2) The right to terminate without notice for good cause remains unaffected.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as claims from the same contractual relationship are concerned.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 6 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.





II. customer information

1. identity of the seller

Jürgens sole proprietorship
Kalbecker Str. 126
47574 Goch
Germany
Phone: 02823/98508
E-mail: anna@fairenough.eu


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2 Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. contract language, storage of contract text

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail. 3.3.

3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. codes of conduct

5. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. prices and payment terms

6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. Except in the B2B area.

6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

6.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. terms of delivery

7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment shall be at your risk. 8.

8. statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9 Term of Contract / Termination

Information on the term of the contract as well as the terms of termination can be found in the regulation "Term of Contract / Termination for Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.


last update: 04.03.2021